Bhojani

FILED

NOT FOR PUBLICATION JAN 21 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

MOHAMMAD RAHIM BHOJANI, No. 07-72167

Petitioner, Agency No. A98-527-745

v.

MEMORANDUM *

ERIC H. HOLDER, Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted January 12, 2010 Seattle, Washington

Before: KLEINFELD, TASHIMA, and TALLMAN, Circuit Judges.

When the Board of Immigrations Appeals “conducts its own review of the

evidence and law rather than adopting the IJ’s decision, our review ‘is limited to

the BIA’s decision, except to the extent that the IJ’s opinion is expressly adopted.’”

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Shrestha v. Holder, No. 08-74751, 2010 WL 10982, at *2 (9th Cir. Jan 5, 2010)

(quoting Hosseini v. Gonzales, 471 F.3d 953, 957 (9th Cir. 2006)). The BIA

treated petitioner’s testimony as credible but affirmed the finding that he failed to

establish past…